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In re the Estate of Lavigne

420 N.E.2d 92, 52 N.Y.2d 1008, 438 N.Y.S.2d 294, 1981 N.Y. LEXIS 2239
CourtNew York Court of Appeals
DecidedFebruary 19, 1981
StatusPublished
Cited by2 cases

This text of 420 N.E.2d 92 (In re the Estate of Lavigne) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Estate of Lavigne, 420 N.E.2d 92, 52 N.Y.2d 1008, 438 N.Y.S.2d 294, 1981 N.Y. LEXIS 2239 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

It cannot be said that the Appellate Division erred in finding that testator’s obliteration of his will was accompanied by the requisite intent to revoke (see Matter of Bonner, 17 NY2d 9). Such revocation by physical act of the testator revokes the will in its entirety, and therefore the will should not have been admitted to probate (EPTL 3-4.1, subd [a], par [2], subpar [A], cl [i]).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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Related

In re the Estate of Christensen
94 A.D.2d 795 (Appellate Division of the Supreme Court of New York, 1983)
In re the Estate of Collins
117 Misc. 2d 669 (New York Surrogate's Court, 1982)

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Bluebook (online)
420 N.E.2d 92, 52 N.Y.2d 1008, 438 N.Y.S.2d 294, 1981 N.Y. LEXIS 2239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-lavigne-ny-1981.